قاعدة تغيير الفتاوى و الأحكام بتغيير الزمان و المكان و تطبيقاتها المعاصرة

Abstract EN

The ” change of the rules and judgments according to the change of time and place” is one of the most important and significant Islamic maxim addressed by the scholars of Shari'ah and Principles of Jurisprudence of the various Schools in their books and writings and studied thoroughly by establishing the rules ,dividing to sections and applying in the different fields and situations , It is also one of the most important Principles of Islamic law that underpin the deriving the rules and judgments for the emerging contemporary issues in the various branches and areas, but this maxim has been controversy and becoming subject to misconceptions among two groups of people who work in the field of Daawa and fatwa , a group of People who rejects this maxim completely and regards it as a distortion of fundamentals of Islam and changing the rules of sharia and on the other hand a group of people who wants to apply this maxim to all areas of law and change the rules and provisions just as the time and circumstances have changed.

The research highlights the concept of this Islamic maxim by defining the correct meaning of this maxim and explaining the areas in which the maxim is applicable through the texts of the Quran, sunnah of the prophet( Peace be upon him ) and the sayings of scholars , and reaches to an important result that this maxim is fully linked to the third mode of ijtihad which is called tahqiq al- manat (implementation of the rule in the case ) that includes four aspects , followed by examples of the different issues in which the Contemporary scholars of Islamic law derived different rules using the maxim .